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KELLY v. N.C. D.N.R.

No. COA07-881.

664 S.E.2d 625 (2008)

Michael A. KELLY, Steven Wayne Mobley, Petitioners, v. N.C. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, Respondent.

Court of Appeals of North Carolina.

August 19, 2008.

Attorney(s) appearing for the Case

Shanahan Law Group, by Kieran J. Shanahan, Reef C. Ivey, II, and Steven K. McCallister, Raleigh, for petitioners-appellees.

Roy Cooper, Attorney General, by Tiare B. Smiley, Special Deputy Attorney General, and Edwin Lee Gavin II, Assistant Attorney General, for respondent-appellant.

MARTIN, Chief Judge.

Respondent North Carolina Department of Environment and Natural Resources ("NCDENR") appeals from orders of the Wake County Superior Court concluding that petitioners Michael Kelly and Steven Wayne Mobley had received employment discipline without just cause and awarding them back pay, interest on back pay, and partial attorney fees and costs. Petitioners also appeal from the order awarding attorney fees and costs.

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